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Historical Background of Constitution of India
Historical Background of Constitution of India
The Constitution of India is the preeminent law of India. It is a living record, an instrument
which makes the administration framework work. It sets out the system characterizing crucial
political standards, builds up the structure, strategies, forces and obligations of government
establishments and sets out essential rights, order standards and the obligations of residents. It
is the longest composed constitution of any sovereign nation on the planet, containing 449
articles in 25 sections, 12 timetables, 5 informative supplements and 101 Corrections.
The Indian Constitution is the lengthiest and the most point by point of all the composed
Constitutions of the world containing 449 articles in 25 sections, 12 calendars, 5 reference
sections and 101 Alterations.
The constitution of India builds up a parliamentary type of a legislature both at the Inside and
the State. The embodiment of the parliamentary government is its obligation to the Council.
The president is the protected leader of the State yet the genuine official power is vested in
the board of priests whose head is the Executive.
4. Principal Rights
The joining of a formal presentation of Key Rights to a limited extent III of the Constitution
is considered to be a distinctive component of a vote based
State. These rights are preclusions against the State. The State can't make a law which
removes or condenses any of the privileges of the natives ensured to some extent III of
Constitution.
The most momentous component of the Indian Constitution is that being a government
Constitution it procures a unitary character during the season of crisis. During the
announcement of crisis the ordinary appropriation of forces among Center and State
experiences an essential change. The association parliament is engage to administer regarding
any matter referenced in the state list. The monetary game plans between the Middle and
State can likewise be
7. Grown-up Suffrage
The old arrangement of mutual electorates has been annulled and the uniform grown-up
suffrage framework has been received. Under the Indian Constitution each man and ladies
over 18 years old has been given the privilege to choose agents for the governing body.
A free and unbiased legal executive with intensity of legal survey has been built up under the
Constitution of India. It is a caretaker right of natives. Furthermore, in a government
Constitution it assumes another noteworthy job of deciding the points of confinement of
intensity of the Middle and States.
9. A Common State
A Common State has no religion of its own as perceived religion of State. It treats all
religions similarly. Articles 25 to 28 of the Indian Constitution give solid shape to this idea of
secularism. It assurances to each individual the opportunity of still, small voice and the
privilege to proclaim, practice and proliferate religion. In a Common express, the state just
control the connection among man and man.
The American constitution accommodates double citizenship, i.e., the native of America and
a state citizenship. In any case, in India there is just a single citizenship, i.e., Native of India.
No state citizenship like native of Assam, Native of Delhi. Each Indian is Native of India and
appreciate similar privileges of citizenship regardless of in what state he lives.
The present Constitution is the third constitution of the country which was drafted and
passed by the National Assembly of Pakistan on April 10, 1973. It was authenticated by
the president on April 12, 1973 and enforced on August 14, 1973. Following are the
main characteristics of this constitution.
1) A Written Constitution
The Constitution of 1973 is written with a preamble, 280 Article, 6 Schedules and a few
Amendments. Political Usage’s and Traditions are yet to emerge and develop side by
side with the constitution of Pakistan.
2) Flexibility
The Constitution is neither too rigid like the American Constitution nor too flexible like the
British Constitution. It can he amended if 2/3 majority of the total strength of the National
Assembly approves an amendment in it and when the same is absented to by the
Senate with majority of its total strength.
According to the Constitution, Pakistan shall be an Islamic Republic. The Head of the
State shall be elected by the parliament in a joint sitting for a term of five years. He may
be re-elected for another term also.
Pakistan shall be a Federation consisting of the provinces of Sind, Punjab, N.W.F.P and
Baluchistan. Powers of the Federation have been enumerated in the Federal Legislative
list part-I and II and residuary powers belong to the provinces Powers common to both
the federal and the provincial Governments have been enumerated in the Concurrent
List.
The Constitution provides for Parliamentary form of Government both at the centre and
in the provinces. Both the Prime Minister and the Chief Ministers are held responsible to
the National and Provincial Assemblies. They continue in office as long as they
command confidence of the assemblies.
6) Bicameral Legislature
The Legislature will Bicameral. The Lower House is called the National Assembly
directly elected by the people on the basis of one man one vote for a term of 5 years.
The upper House is called the Senate elected by the Provincial Assemblies on the basis
of Proportional Representation. The National Assembly is subject to dissolution but not
the Senate.
7) Fundamental Rights
The Constitution grants and protects the fundamental rights of the citizens of Pakistan.
They include the right to life, property, profession, liberty of thought and expression,
freedom of association, religion, equality of citizens etc. In case of their violation, the
affected person may go to the Courts for seeking redress of his grievances.
The Constitution reflects the spirit of a Welfare State. It provides that •illiteracy shall be
removed; educational and economic interests of backward classes and areas shall be
promoted; just and human conditions of work shall be provided; prostitution, gambling
and consumption of alcoholic liquor shall be prohibited and well-being of the people,
irrespective of caste, sex, creed or race will be secured by raising their standard of living.
Basic necessities of life like food, housing, clothing, education, and medical relief shall
be provided to the citizens who are permanently or temporarily unable to earn their
livelihood.
9) Independence of Judiciary
Although the members of the judiciary are appointed by the president yet the powers to
remove them from their offices have not been given to him for ensuring independence of
judiciary. The judges can be removed by the president only when the Supreme Judicial
Council of Pakistan so advises him. The Constitution also provides independence of the
judiciary from the Executive.
LEGISLATURE OF INDIA:
The Parliament of India is Bicameral. There are two houses , the Upper House as the
“Council of state